BHUPENDRA NARAYAN SINGH Vs. NARAYAN SINGH

JUDGEMENT

(1.) By this second appeal under Section 100 of the Civil Procedure Code, 1908 (in short 'the Code') appellants have challenged the legality and propriety of the judgment and decree dated 15/7/1992 passed by Second Additional Judge to the Court of District Judge, Ambikapur, Surguja in Civil Appeal No. 31-A/1988 decreed the suit for declaration and permanent injunction filed on behalf of original plaintiff Fulmania.

(2.) Present second appeal has been admitted on following substantial questions of law:-

(3.) As per case of original plaintiff, Fulmania, maternal granddaughter of Ledwa Cherwa was owner of suit property i.e. house & Badi situated at Kedarpur, Ambikapur. Ledwa was having only daughter Mandobai, he died in the year 1964. Mandobai was residing with her father, after death of her mother since 1952. After death of Ledwa, she inherited her father's property as a sole owner; she died in the year 1976. After her death, property was inherited by her daughter, sole heir Fulmania, wife of Homeshwarnath Singh predecessor in-title of respondents. Fulmania was also residing in the same house with Homeshwarnath Singh and after death of Fulmania and Homeshwarnath Singh, present respondents are residing in aforesaid house. Appellants without any right had tried to interfere in peaceful possession of Fulmania then she filed civil suit for declaration, title and permanent injunction. She has specifically claimed in her plaint that they were members of Scheduled Tribes but they have adopted most of Hindu Law especially relating to succession although, they are governed by their own customs which were their Personal Law. She had further pleaded that marriage between Cherwa caste and Kanwar caste was permissible in their custom.